scholarly journals The Constitutive In/visibility of the Trans Legal Subject: A Case Study

2021 ◽  
Vol 28 (1) ◽  
Author(s):  
Florence Ashley
Keyword(s):  
2019 ◽  
Vol 26 (2) ◽  
pp. 190
Author(s):  
Novia Rianti

Space rights agreement is a part of lease agreement. Leasing is an agreement that gives a right called individual rights. It is because the right to lease arises from an agreement between one legal subject to another. Thus, this right can only be accountable to the opponent of the contract in accordance with the principle of privity of contrac. A lease agreement aims at providing the right only to use the property, and not to own it. Therefore, lease agreement only gives individual rights, not property rights. On the other hand, as we know, fiduciary provides object guarantees, which is included in constitutum possessorium (the object transferred remains within the control of the fiduciary giver). The air rights, the market stall, from the agreements of rights granting, are clearly included in individual rights, rather than property, which should not be imposed on fiduciary guarantees. This research is conducted by applying doctrinal research. It adapts statute approach, conceptual approach, and case study for its methodological problem approach. This study analyzes the market stall usage rights as an object from the perspective of security laws and Fiduciary on the usage rights upon a market stall by banks. The results of the research showed that by reviewing it further using air rights perspective, the air rights upon a market stall were included in lease rights. The right to use the stall is not property rights, but is an individual right. It is based on the law of lease rights. In addition, the debtor, as the tenant, only controls the leased objects to make use of it, not for the purpose of owning it. In that way, the lease itself does not result in property rights. However, if it is reviewed further based on the air rights, this can be categorized as an object with security laws, because the air rights fulfill the requirements as an object that can be guaranteed. It is because it has economic value and can be transferred, even though it is approved by another party. Since the air rights are individual right, it cannot be used as a guarantee for pawn, mortgage, and Fiduciary.


2016 ◽  
Vol 2 (2) ◽  
Author(s):  
Sri Ayu Aniningsih

This study is aimed to describe the developments  and  design a concept of recognition of customary marine rights in future in Kei  Islands. The method of this study is juridical empirical and the specification of it is descriptive analytical. The data consists of primary data and secondary data. It is analyzed by qualitative method. This study results that  the developments of customary marine rights include only in norms as a translation of customary law  principles. The developments of it occur in legal subject and legal object of customary marine rights, traditional institutional structure and the customary law of Kei people. There are many factors that influence the developments of customary marine rights such as economic, social, cultural, and political factors. The principles of customary marine rights in Kei Islands  are : (a). basically the using customary  marine rights just for Kei people, but foreigners can use them too if  knowledge of head of village; (b). communal;  (c). religious-magical;  (d). the highest authority in the head of village; (e).basically the using of customary marine rights only to fulfill the needs of daily living; (f). the using of rights that must be based on customary law. The concept of recognition for customary marine rights in Kei Islands in the future includes the existence legal subjects, legal objects, customary law and the functioning of the traditional institutional structure.


Arena Hukum ◽  
2021 ◽  
Vol 14 (3) ◽  
pp. 412-431
Author(s):  
Husni Syam ◽  
Arinto Arinto ◽  
Eka An Aqimuddin ◽  
Erik Setiawan

Non-governmental organizations (NGOs) have been recognized as having a significant role in the development of the international community, including in the discourse on corporate social responsibility (CSR) Recognition of the international community will relate to its position in international law The ASEAN CSR Network (ACN) is one of the NGOs in ASEAN that focus on CSR ACN position is important to discuss to see the implementation of CSR management in ASEAN This article analyses the position of ACN as a subject of international law and the function of ACN in managing CSR based on international law The research is normative combined with case study with ACN as a main research object The results obtained are ACN does not have possessed legal personality under international law or ASEAN ACN is only a legal subject under Singapore law because it was established in Singapore ACN have function as an agent which is succeed to elaborate responsible business norm within ASEAN.


2014 ◽  
Vol 38 (01) ◽  
pp. 102-129
Author(s):  
ALBERTO MARTÍN ÁLVAREZ ◽  
EUDALD CORTINA ORERO

AbstractUsing interviews with former militants and previously unpublished documents, this article traces the genesis and internal dynamics of the Ejército Revolucionario del Pueblo (People's Revolutionary Army, ERP) in El Salvador during the early years of its existence (1970–6). This period was marked by the inability of the ERP to maintain internal coherence or any consensus on revolutionary strategy, which led to a series of splits and internal fights over control of the organisation. The evidence marshalled in this case study sheds new light on the origins of the armed Salvadorean Left and thus contributes to a wider understanding of the processes of formation and internal dynamics of armed left-wing groups that emerged from the 1960s onwards in Latin America.


2020 ◽  
Vol 43 ◽  
Author(s):  
Michael Lifshitz ◽  
T. M. Luhrmann

Abstract Culture shapes our basic sensory experience of the world. This is particularly striking in the study of religion and psychosis, where we and others have shown that cultural context determines both the structure and content of hallucination-like events. The cultural shaping of hallucinations may provide a rich case-study for linking cultural learning with emerging prediction-based models of perception.


2019 ◽  
Vol 42 ◽  
Author(s):  
Daniel J. Povinelli ◽  
Gabrielle C. Glorioso ◽  
Shannon L. Kuznar ◽  
Mateja Pavlic

Abstract Hoerl and McCormack demonstrate that although animals possess a sophisticated temporal updating system, there is no evidence that they also possess a temporal reasoning system. This important case study is directly related to the broader claim that although animals are manifestly capable of first-order (perceptually-based) relational reasoning, they lack the capacity for higher-order, role-based relational reasoning. We argue this distinction applies to all domains of cognition.


2019 ◽  
Vol 42 ◽  
Author(s):  
Penny Van Bergen ◽  
John Sutton

Abstract Sociocultural developmental psychology can drive new directions in gadgetry science. We use autobiographical memory, a compound capacity incorporating episodic memory, as a case study. Autobiographical memory emerges late in development, supported by interactions with parents. Intervention research highlights the causal influence of these interactions, whereas cross-cultural research demonstrates culturally determined diversity. Different patterns of inheritance are discussed.


Author(s):  
D. L. Callahan

Modern polishing, precision machining and microindentation techniques allow the processing and mechanical characterization of ceramics at nanometric scales and within entirely plastic deformation regimes. The mechanical response of most ceramics to such highly constrained contact is not predictable from macroscopic properties and the microstructural deformation patterns have proven difficult to characterize by the application of any individual technique. In this study, TEM techniques of contrast analysis and CBED are combined with stereographic analysis to construct a three-dimensional microstructure deformation map of the surface of a perfectly plastic microindentation on macroscopically brittle aluminum nitride.The bright field image in Figure 1 shows a lg Vickers microindentation contained within a single AlN grain far from any boundaries. High densities of dislocations are evident, particularly near facet edges but are not individually resolvable. The prominent bend contours also indicate the severity of plastic deformation. Figure 2 is a selected area diffraction pattern covering the entire indentation area.


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